Builders Built My Outbuilding Higher Than 2.5m

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Rob1980123

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Hi, I have had an outbuilding built at the bottom of my garden in the last month or so, it falls within 1m of the neighbour's boundary but is built out of concrete blocks.

I discovered today that despite me telling the builders that it mustn't be higher than 2.5m in height with a flat sloped roof, it actually exceeds this. On one side it's about 2.8m I think.

I'm absolutely mortified and now completely panicking in case one of the neighbours phones the council, I couldn't afford to have it lowered and the positions of the doors I think would make that impossible, I could never afford to have it rebuilt again as well, it's gutting.

My questions are, if this did get reported would the additional height be seen as a strong enough breach of regulations by the council to warrant enforcement? Is there anything I can do before then, I believe it's measured from the height of the highest point of natural ground level adjacent to the building, one side is higher than the others, could I backfill the that side potentially?

I'm absolutely gutted, I did everything correctly with all the right intentions! :-(

Any advice would be greatly appreciated.

Yours,

Rob (Very Worried Owner.)
 
Keep your head down and worry if something is said. Not much you can do. Although maybe 30cm of earth might not be too much, but you don't want to cause damp issues by piling it up against the wall. What is the boundary and who owns it? Hedge - let it grow.
 
Hi and thanks so much for your reply, it's myself and the neighbour, it's a fence, they won't be the problem as we get on great, they've already said they love it because they love the privacy it's created for them, it's others I'm worried about. :-(
 
Rob1980123 said:
Hi and thanks so much for your reply, it's myself and the neighbour, it's a fence, they won't be the problem as we get on great, they've already said they love it because they love the privacy it's created for them, it's others I'm worried about. :(
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What is the highest point when compared to the highest ground level point -not the height adjacent to the high ground

Its actually pretty difficult to get a decent ceiling height with the 2.5m rule.

I wouldnt worry too much, if neighbours complain they will only do it soon after the buildings up. Even then they have to be quite motivated to do it and the council wont accept anonymous complaints.

Even if they do complajn you can apply for planning.....but chances are nowt will happen.
 
After four years it will immune from planning enforcement but even if the council did investigate you could argue there is not much difference between a breeze block shed that is 12" higher than one which could be built under pd rights.

Blup
 
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If one side is higher than the other, you don't need to 'backfill' the lower side, as the height is always measured from the point of contact of the building with the highest natural ground level.
 
In terms of things you can do, I would be inclined to say to the builder that there is an issue, but that you're prepared to mitigate the issue such that you won't take any action now. If enforcement action occurs in the next 4 years you will expect them to pay the costs associated with a retrospective Planning Application or appropriate modification to the building - their choice - if a Planning Application fails then you'll expect them to then correct their work so that it is inline with Permitted Development requirements, as originally agreed.

That way you have put the builder on notice, but you can both cross your fingers. You've at least laid the groundwork for a claim against the builder, though obviously there might be a load of hassle that goes with that at the time. You'll have to make that decision then if it becomes necessary.

You'd hope that if Permitted Development says it's OK, going a bit higher shouldn't be a problem and PP would be granted, especially as the Council won't want to fight you for demolition if they can avoid getting involved with that.
 
If the footprint is not especially large, and considering it's an outbuilding, LPAs will probably be less-inclined to enforce than if it was a normal house extension, where blocking neighbour's light through an adjoining window might be an issue.

If no neighbour complains, it's v. unlikely the LPA will get involved. At worst, if they found out, they could ask for a retrospective planning application, but they would be hard-pushed to find a reason to refuse what is really a small transgression on an outbuilding.
The official government guidance to LPAs on enforcement states: "enforcement may not be appropriate for a minor or technical breach where no harm has occurred".
 
I'm interested to know what the builder said when it turned out to be 2.8m when you told him the max must be 2.5 ?
 
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